Explanation
On April 15, 2014, petitioners Robert J. Fitrakis, Willis E. Brown, Denise A. Benning-Adeduge, Suzanne M. Patzer, and Jonathan C. Beard filed a pre-circulation copy of a petition to propose an initiated ordinance to amend prior ordinance 1596-2012 1596-2011. The copy was filed with the City Clerk. Petitioners also filed a pre-circulation copy of a separate petition to propose an initiated ordinance regarding public financing of political campaigns with the same office on the same day. No pre-circulation copy of either petition was filed with the City Auditor.
Petitioners filed petitions for the proposed initiated ordinance regarding public financing of political campaigns on July 15, 2014. At that time, the City Clerk requested a legal opinion from the City Attorney’s office regarding petitioners’ failure to file a pre-circulation copy of the petition with the City Auditor. The City Clerk was advised that petitioner’s failure to follow the mandatory requirements of R.C.731.32 was fatal to their petition. Thus, the petition was rejected.
Petitioners then filed a mandamus action with the Ohio Supreme Court, State ex rel. Columbus Coalition for Responsive Govt. v. Blevins,140 Ohio St.3d 294, 2014-Ohio-3745. The Ohio Supreme Court denied the writ and upheld the city’s determination that the petition was fatally flawed.
On November 25, 2014, petitioners filed with the City Clerk a petition for an initiated ordinance to amend prior ordinance 1596-2012 1596-2011. Petitioners purported to file 487 part-petitions containing approximately 14,100 signatures.
While the Columbus City Charter has been amended between the aforementioned court decision and the filing of the current petition, the City Attorney’s office has advised this Council that the law then in force controls for the pre-circulation filing requirements. R.C.731.32, the law in effect on April 15, 2014, reads as follows:
“Whoever seeks to propose an ordinance … in a municipal corporation...
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